01/08/2013 – Current Awareness

“When a defendant who was uninsured, unlicensed or disqualified was driving his vehicle on a road and it was involved in a collision which resulted in the death of another person, the defendant could not be found guilty of the offence under section 3ZB of the Road Traffic Act 1988, as inserted, of causing the death by driving while committing such offences unless the prosecution proved that there had been some act or omission in the defendant’s driving which amounted to fault his part and which had contributed to the death. If the defendant’s driving had been faultless he could not be found guilty of the offence merely because his vehicle was on the road and was involved in a fatal accident when he was driving without insurance or a driving licence.”

WLR Daily, 31st July 2013

Source: www.iclr.co.uk

McGraddie v McGraddie and another – WLR Daily

Posted August 1st, 2013 in appeals, evidence, judges, law reports, Scotland, Supreme Court by sally

McGraddie v McGraddie and another [2013] UKSC 58; [2013] WLR (D) 323

“An appellate court should not interfere with the trial judge’s conclusions on primary facts unless it was satisfied that he was plainly wrong.”

WLR Daily, 31st July 2013

Source: www.iclr.co.uk

Regina (Kebede and another) v Newcastle City Council – WLR Daily

Posted August 1st, 2013 in appeals, children, education, law reports, local government, universities by sally

Regina (Kebede and another) v Newcastle City Council [2013] EWCA Civ 960; [2013] WLR (D) 322

“A local authority had a duty to a former relevant child going on to higher education to make a grant to meet expenses connected with his education, including the major expense of tuition fees.”

WLR Daily, 31st July 2013

Source: www.iclr.co.uk

Torfaen County Borough Council v Douglas Willis Ltd – WLR Daily

Posted August 1st, 2013 in appeals, food hygiene, health & safety, law reports, local government, Supreme Court by sally

Torfaen County Borough Council v Douglas Willis Ltd [2013] UKSC 59; [2013] WLR (D) 321

“For the purposes of a prosecution under regulation 44(1)(d) of the Food Labelling Regulations 1996 (SI 1996/1499) it was sufficient for the prosecutor to prove that a defendant had food in its possession for the purposes of sale which was the subject of a label showing a “use by” date which had passed.”

WLR Daily, 31st July 2013

Source: www.iclr.co.uk

Sud v Ealing London Borough Council – WLR Daily

Posted August 1st, 2013 in appeals, costs, disability discrimination, employment tribunals, law reports, local government, tribunals by sally

Sud v Ealing London Borough Council [2013] EWCA Civ 949; [2013] WLR (D) 320

“Although an award of costs against a paying party in the employment tribunal was an exceptional event, the tribunal should focus principally on the criteria established in rule 40 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004. Where the tribunal concluded that the party’s conduct of the proceedings had been unreasonable it was necessary for the court to identify the particular unreasonable conduct, along with its effect. That was not a process that entailed a detailed or minute assessment, but instead the court should adopt a broad brush approach, against the background of the totality of the relevant circumstances.”

WLR Daily, 30th July 2013

Source: www.iclr.co.uk

Bedfordshire Police Constabulary v RU and another – WLR Daily

Posted August 1st, 2013 in children, contempt of court, enforcement, forced marriages, imprisonment, law reports, police by sally

Bedfordshire Police Constabulary v RU and another [2013] EWHC 2350 (Fam); [2013] WLR (D) 319

“There was no power whereby a police force could apply for a person to be committed to prison for contempt of court for breach of a forced marriage protection order where the police themselves were not the applicants who had obtained the order. The relevant departments of state should give urgent consideration to improving the effectiveness of forced marriage protection orders and the means of enforcement.”

WLR Daily, 26th July 2013

Source: www.iclr.co.uk

Regina v Chapman – WLR Daily

Posted August 1st, 2013 in amendments, appeals, confiscation, law reports, proceeds of crime, sentencing, time limits by sally

Regina v Chapman [2013] EWCA Crim 1370; [2013] WLR (D) 318

“Once an appeal had been constituted by filing a notice of appeal in time or by obtaining an extension of time from the court, the order of the court below was subject to review and not final and the court could not justify refusing to allow the defendant to take advantage of a change in the law which occurred between the filing of the notice of appeal and the hearing itself.”

WLR Daily, 29th July 2013

Source: www.iclr.co.uk

Lloyd v Lewisham London Borough Council and another – WLR Daily

Posted August 1st, 2013 in appeals, benefits, housing, law reports, local government, social security by sally

Lloyd v Lewisham London Borough Council and another [2013] EWCA Civ 923; [2013] WLR (D) 317

“Paragraph 14(1)(e) of Schedule 5 to the Housing Benefit Regulations 2006 and paragraph 15(1)(e) of Schedule 4 to the Council Tax Benefit Regulations 2006, both of which set out the items of income to be disregarded when calculating a claimant’s income and capital for the purposes of determining entitlement to the relevant benefit, only excluded sums paid under agreements which were made after the injury occurred, not an income loss award paid exclusively for loss of income pursuant to a pre-injury agreement.”

WLR Daily, 29th July 2013

Source: www.iclr.co.uk

Generics (UK) Ltd (trading as Mylan) v Yeda Research and Development Co Ltd and another (No 2) – WLR Daily

Posted August 1st, 2013 in admissibility, appeals, evidence, law reports, patents by sally

Generics (UK) Ltd (trading as Mylan) v Yeda Research and Development Co Ltd and another (No 2)
[2013] EWCA Civ 925; [2013] WLR (D) 316

“Where a patent specification made a technical effect “plausible” it was open to a party to mount a challenge to the existence of that effect by the use of later evidence. There was no principled objection to the admission of evidence as to the true nature of the advance made by the invention in connection with an objection of lack of inventive step.”

WLR Daily, 29th July 2013

Source: www.iclr.co.uk

In re Tulane Education Fund; Tulane Education Fund v Comptroller General of Patents – WLR DAily

Posted August 1st, 2013 in appeals, fees, law reports, patents, time limits, ultra vires by sally

In re Tulane Education Fund; Tulane Education Fund v Comptroller General of Patents [2013] EWCA Civ 890; [2013] WLR (D) 315

“Paragraph 5 of Schedule 4A of the Patents Act 1977, rule 116 of the Patents Rules 2007 and rule 6 of the Patents (Fees) Rules 2007 imposed a regime for the payment of annual fees in accordance with article 12 of Council Regulation (EEC) No 1768/92 and Council Regulation (EC) No 469/2009. The reference to Council Regulation (EEC) No 1768/92 in section 128B of the 1977 Act could be construed as a reference to the Council Regulation (EC) No 469/2009.”

WLR Daily, 24th July 2013

Source: www.iclr.co.uk

Various Claimants v News Group Newspapers Ltd and others – WLR Daily

Posted August 1st, 2013 in disclosure, interception, law reports, media, police, telecommunications, witnesses by sally

Various Claimants v News Group Newspapers Ltd and others [2013] EWHC 2119 (Ch); [2013] WLR (D) 314

“The well established requirement for disclosure under Norwich Pharmacal principles for a party from whom disclosure was sought to be “involved” in or to have “facilitated” wrongdoing was too narrow and the court should ask itself whether the party was a mere witness or whether its engagement with the wrongdoing was sufficient to make it more than a mere witness and susceptible to the court’s jurisdiction to order disclosure.”

WLR Daily, 12th July 2013

Source: www.iclr.co.uk

Regina (Evans) v Her Majesty’s Attorney General – WLR Daily

Posted August 1st, 2013 in attorney general, disclosure, documents, freedom of information, law reports, royal family, veto by sally

Regina (Evans) v Her Majesty’s Attorney General [2013] EWHC 1960 (Admin); [2013] WLR (D) 313

“Section 53(2) of the Freedom of Information Act 2000 required the existence of reasonable grounds before a certificate could be given by an accountable person and if reasonable grounds did not exist the certificate was invalid and of no effect. Further, a certificate under section 53(2) could validly be issued with regard to environmental information.”

WLR Daily, 9th July 2013

Source: www.iclr.co.uk

Man caught driving 165mph tells court which banned him: ‘Catch me if you can’ – The Independent

Posted August 1st, 2013 in costs, dangerous driving, disqualification, driving licences, news, road traffic offences by sally

“The 24-year-old was stopped in a £100,000 rented Audi R8 Spyder and says ban won’t stop him hitting the roads again.”

Full story

The Independent, 31st July 2013

Source: www.independent.co.uk

Culture change call for Chancery Division – Law Society’s Gazette

Posted August 1st, 2013 in computer programs, courts, news, reports by sally

“The Chancery Division of the High Court must undergo cultural change – and replace its ‘patchwork quilt’ of IT systems – according to the first comprehensive review of the division in 30 years.”

Full story

Law Society’s Gazette, 31st July 2013

Source: www.lawgazette.co.uk

JK Rowling law firm pays damages over pseudonym leak – BBC News

Posted August 1st, 2013 in anonymity, charities, costs, damages, disclosure, law firms, news by sally

“Harry Potter creator JK Rowling has accepted a substantial charity donation from the law firm that revealed she was writing under a pseudonym.”

Full story

BBC News, 31st July 2013

Source: www.bbc.co.uk

Red Cap’s family sues MoD for negligence over his death in Iraq – The Guardian

Posted August 1st, 2013 in armed forces, human rights, Iraq, negligence, news, time limits by sally

“The family of a Royal Military Police officer killed by a crowd of Iraqis is suing the Ministry of Defence for negligence.”

Full story

The Guardian,

Source: www.guardian.co.uk

Supreme Court rules against ‘death by unlicensed’ motoring law – Daily Telegraph

Posted August 1st, 2013 in driving licences, news, road traffic offences, Supreme Court, uninsured drivers by sally

“A road safety law designed to crack down on uninsured and unlicensed drivers has been undermined by Britain’s most senior judges after they cleared a driver of any blame for a fatal crash.”

Full story

Daily Telegraph, 31st July 2013

Source: www.telegraph.co.uk

Saudi prince loses £6.5m Gaddafi claim – The Independent

Posted August 1st, 2013 in aircraft, news, royal family, sale of goods by sally

“A billionaire Saudi prince has lost a High Court fight with a Jordanian businesswoman.”

Full story

The Independent, 31st July 2013

Source: www.independent.co.uk